First Carolina's Joint-Stock Land Bank, Inc. v. Stewart

Supreme Court of North Carolina
First Carolina's Joint-Stock Land Bank, Inc. v. Stewart, 179 S.E. 463 (N.C. 1935)
208 N.C. 139; 1935 N.C. LEXIS 343
CoNnoe

First Carolina's Joint-Stock Land Bank, Inc. v. Stewart

Opinion of the Court

CoNnoe, J.

The matters contained in the allegations in the further answer of the defendants, which were stricken out, on the motion of the plaintiff, do not constitute a defense to the cause of action alleged in the complaint. They are, therefore, immaterial and irrelevant, and were *140 properly stricken from tbe answer. C. S., 537. They were material and relevant only on the motion to confirm the sale of the land conveyed by the deed of trust, which was duly reported to the clerk of the Superior Court of Beaufort County, and confirmed by him. O. S., 2591. This sale is not subject to collateral attack in this action.

It would seem from the allegations in their answer that the defendants were dealt with harshly by the plaintiff, but the Court is without power to give them relief in this action. The plaintiff does not in this action invoke the equitable powers of the Court. It is content to have only its legal remedy. The order must be

Affirmed.

Reference

Full Case Name
The FIRST CAROLINA’S JOINT-STOCK LAND BANK, Incorporated, of COLUMBIA, SOUTH CAROLINA, v. SARAH C. STEWART Et Al.
Cited By
5 cases
Status
Published